10 Fla. L. Weekly Supp. 1055a
Insurance — Discovery — Depositions — Expert witness fee — Physician is ordered to appear for deposition without payment of expert witness fee on condition that questions are limited to medical provider financial and billing matters, including participation in Beech Street
COASTAL ORTHOPEDICS & SPORTS MEDICINE CENTER, INC., (Raymond Benedetti), Plaintiff(s), vs. PROGRESSIVE BAYSIDE INSURANCE COMPANY, Defendant(s). County Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-01-CC-29495. October 1, 2003. John M. Harris, Judge. Counsel: Roberts Bradford. James T. Sparkman, James T. Sparkman & Associates, Fort Lauderdale.
ORDER ON PLAINTIFF’S MOTION FOR PROTECTIVE ORDER AND MOTION TO COMPEL PAYMENT OF EXPERT WITNESS FEE
THIS CAUSE having come before the Court on September 25, 2003 on Plaintiff’s motion for protective order and motion to compel payment of expert witness fee and the Court having heard argument of counsel being otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that the motion for protective order be and the same are hereby denied without prejudice to the plaintiff.
Dr. Palmeri is ordered to appear for his deposition on October 30, 2003 without the payment of an expert witness fee. The motion to compel the deposition of Dr. Palmeri is granted upon the following conditions:
Defendant shall limit its questions at said deposition to financial and billing matters for the plaintiff business, including the plaintiff’s business participation in Beech Street.
The plaintiff shall have leave to come back before the Court if expert questions are elicited for consideration of an award for expert fees at that time.
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